Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 740 - SITE REMEDIATION PROGRAM
Subpart F - NO FURTHER REMEDIATION LETTERS AND RECORDING REQUIREMENTS
Section 740.610 - Contents of No Further Remediation Letter
Universal Citation: 35 IL Admin Code ยง 740.610
Current through Register Vol. 48, No. 38, September 20, 2024
a) Except as provided in subsection (b) below, a No Further Remediation Letter issued pursuant to Section 58.10 of the Act shall be limited to and include all of the following:
1) Anacknowledgement that the requirements of
the remedial action plan and the remedial action completion report were
satisfied;
2) A description of the
remediation site by adequate legal description or by reference to a plat
showing the boundaries, or by other means sufficient to identify site location
with particularity;
3) The level of
the remediation objectives, specifying, as appropriate, any land use limitation
imposed as a result of such remediation efforts;
4) A statement that the agency's issuance of
the No Further Remediation Letter signifies a release from further
responsibilities under the Act in performing the approved remedial action and
shall be considered prima facie evidence that the site does not constitute a
threat to human health and the environment and does not require further
remediation under the Act if utilized in accordance with the terms of the No
Further Remediation Letter. If the remediation site includes a portion of a
larger parcel of property or if the RA has elected to limit the recognized
environmental conditions and related contaminants of concern to be remediated,
or both, the No Further Remediation Letter shall be limited accordingly by its
terms;
5) The prohibition against
the use of any remediation site in a manner inconsistent with any land use
limitation imposed as a result of such remediation efforts without additional
appropriate remedial activities;
6)
A description of any preventive, engineering, and institutional controls or
monitoring required in the approved remedial action plan and notification that
failure to manage the controls or monitoring in full compliance with the terms
of the remedial action plan may result in voidance of the No Further
Remediation Letter;
7) The
recording obligations pursuant to Title XVII of the Act and Sections
740.620,
740.621,
or
740.622
of this Part;
8) The opportunity to
request a change in the recorded land use pursuant to Title XVII of the Act and
Section
740.620(c)
of this Part; and
9) Notification
that further information regarding the remediation site can be obtained from
the Agency through a request under the Freedom of Information Act [5 ILCS 140
]. [415
ILCS 5/58.10(b)(1)-(9)]
b) If only a portion of the site or only selected regulated substances or pesticides at a site were the subject of corrective action, the No Further Remediation Letter may contain any other provisions agreed to by theAgencyand the RA. [415 ILCS 5/58.10(b)(10)]
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